5)Confirmation of Reservation a form confirming acceptation of the Reservation Fee.

Transcription

1 RULES & REGULATIONS FOR APARTMENTS PLACED ON THE WEBSITE RENTAL/RESERVATIONS Online service Internet portal located at the electronic address: is maintained by GT Grupa Sp. z o.o. sp. k. with the registered office in Cracow (Kraków), address: ul. Szlak 50/120, Kraków, NIP (Taxpayer Identification Number): , REGON: , entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków - Śródmieście in Kraków (Cracow), 11th Commercial Division of the National Court Register, under the National Court Register (KRS) number: Contact with GT Grupa Sp. z o.o. sp. k. is possible by phone: , , , by info@turnau.eu or in writing any correspondence should be addressed to: ul. Szlak 50/120, Kraków. 1.General Provisions 1.Definitions of the terms used in the Rules and Regulations: 1)Service Price a remuneration for the [rendered] service. 2)Reservation Form an electronic document constituting the only form of reservation or cancellation of reservation of a premise (apartment) belonging to the Operator. 3)Premise - an apartment that is specified in details on the following website: and constituting the object of reservation. 4)Reservation Fee - a fee amounting to 30% of the Service Price that is a condition of the Service rendering and which shall be counted towards the total Service Price. The Reservation Fee is non-refundable, except for incidents stated in section 4 hereof. 5)Confirmation of Reservation a form confirming acceptation of the Reservation Fee. 6)Operator - GT Grupa Sp. z o.o. sp. k. with the registered office in Cracow (Kraków), address: ul. Szlak 50/120, Kraków, maintaining the online service Internet portal located at the electronic address making reservations and providing the Service. 7)Reservation a right to use the Premise under the terms determined in the Final Confirmation of Reservation as well as hereunder. 8)Customer a legal person, organizational unit with no legal personality which acquires legal capacity by means of respective Act or a natural person having full capacity to perform legal acts within the meaning of provisions of the Civil Code. 9) Consumer a natural person who performs a legal action not directly related to its business or professional activity (Art. 221 of the Civil Code).

2 10) Service a service related to rental of the Premise described [and placed] on which is leased to Customers by the Operator for housing (residential) purposes. 11) Initial Confirmation of Reservation a form of acceptance of the Customer s order including, inter alia, a number of reservation, amount of the Reservation Fee, amount of the Service Price as well as information on a bank account to which the Reservation Fee shall be transferred. 12) Online Service the Internet portal located at the electronic address: maintained by the Operator. 13) Civil Code - the Act of 23 April 1964 Civil Code (The Official Journal of Laws No. 16, item 93, as amended). 2.In order to use the Online Service it is necessary to have an internet browser (it is recommended to use the most recent version developed by a manufacturer of the software), active address, a space in the Inbox allowing for acceptance of any correspondence from the Operator. Recommended screen resolution is 1366 x 768 pixels. 3.It is prohibited to use the Online Service in any manner which violates the applicable law, the Rules and Regulations as well as best practices. 4.Information on the Service Price is given on a subpage of the Premise in the section Price. In order to obtain any information on the price, the Customer shall be required to fix a date for beginning and termination of the Premise use as well as a number of persons to whom such a Service shall be provided. 5.All prices published on the Website are gross prices, i.e. these prices include the applicable VAT. The prices exclude rates chargeable for additional services which shall be presented separately. 2.Reservation 1.In order to make the Reservation of the Service, the Customer fills in and sends to the Operator s address the Reservation Form related to the selected Premise. 2.In order to confirm such a Reservation, the Operator sends to the Customer s address the Confirmation of Reservation with an information on a date of the automatic cancellation, if the Customer fails to pay. If the payment is made together with the Reservation, the Confirmation of Reservation includes a notification that such a Reservation shall not be cancelled automatically. 3.If the Operator fails to respond to the Customer s request, it means that the Operator, for technical or organizational reasons, refused to make Reservation of the Premise. 4.Upon receipt of the Conformation of Reservation, if the Customer fails to pay by that time, the Customer shall pay the Reservation Fee, according to Section 3 of the Rules and Regulations - Terms of Payment. The Reservation shall be effective when the Operator s

3 bank account is credited with the Reservation Fee. 5.The Reservation shall remain in force until the Premise Use Agreement enters into force or until the Reservation is effectively cancelled by the Customer (pursuant to the provisions of Section 4 hereof). 6.If the Customer fails to pay, the Operator shall send a notification of the upcoming date of automatic cancellation of the Reservation to the Customer s . 7.A confirmation of payment received from an Internet payment institution (dotpay) together with a summary of Reservation recorded in a user profile on the website constitutes a proof and evidence of conclusion of the rental agreement which shall enter into force, provided that the full Service Price is paid by the dates and pursuant to the provisions set out in the Rules and Regulations. There is a possibility to print a voucher from the Customer Profile located on the website two weeks prior to the date of accommodation. The accommodation voucher can also be printed by a receptionist at the same time as registration of a Guest (the Customer) as a resident [of the Premise] and passing the keys. 3.Terms of Payment 1.The payment options are presented to the Customer on the website at the moment of making a new Reservation or in the Confirmation of Reservation sent to the Customer s e- mail address. The Customer shall pay the Reservation Fee: a.by so called high-speed electronic transfer, using the payment service: maintained by Dotpay S.A with the registered office in Cracow, Kraków, ul. Wielicka 72, KRS (National Court Register) number: , NIP (Taxpayer Identification Number): ; b.by money transfer to the bank account stated in an information entitled: Payment of deposit to the bank account - in the title of money transfer the Reservation number should be specified, and such a money transfer should be made in such a manner that the Operator s bank account is credited not later than within 24 hours since receipt of the Conformation of Reservation, and in any event no later than 2 days prior to the first day of using of the Premise. 2.If the Operator s bank account is credited with the Reservation Fee after the deadline specified hereinabove, the Reservation shall not be effective and valid, unless, despite such a delay in payment, the Operator confirms the Reservation manually in a reservation (booking) system. In such an event the Operator shall use its best endeavours to render the Service to the Customer under conditions similar to the terms and conditions of the Reservation. 3.Payment of the remaining part (balance) of the Service Price (in case of payment only the Reservation Fee) shall be made based on the following principles: a.cash payment - at the moment of receiving of keys to the Premise, or

4 b.credit card, including payment of the Reservation Fee, or c.money transfer to the Operator s bank account, including payment of the Reservation Fee. 4.Payment for any additional services not included in the Reservation shall be made as of the moment of ordering of the additional services, using the Customer Panel on the website or directly at the Reception of the Operator. The payment can be made under the rules set out above and related to payments for [rendering of] the Rental of Premise Service. 5.The bank transfer costs shall be entirely incurred by the Customer. 6.In any case the full accommodation fee (the Service Price) must be paid and the Operator s bank account credited prior to the leased Premise is placed at the Customer s disposal. 4.Change of Reservation 1.In case of cancellation of the Reservation, the Customer cancels such a Reservation using the Customer Panel or a contact form, sending an to employees of the Operator s Reception. The information on any changes of the Reservation can be submitted using a contact form. 2.The Operator shall be entitled to require from the Customers to pay the following fees: a. 50% of the Reservation Fee, if the cancellation is made not later than within 14 days prior to the first day on which the Customer intends to begin using of the Premise; however the Customer can ask the Operator to maintain the whole Reservation Fee which shall be counted towards the reservation, but not later than within six months since the Reservation is cancelled, otherwise the whole Reservation Fee shall be kept by the Operator. b.100% of the Reservation Fee, if the cancellation took place later that within the period mentioned above in paragraph a). 3.In case of cancellation of the Reservation the amount due to the Customer shall be refunded to the bank account specified in writing by the Customer or to the bank account from which the Reservation Fee was made. 4.The Operator hereby informs the Customers who are the Consumers that, according to Art. 38 paragraph 12 of the Act of on Consumer Rights (The Official Journal of Laws item 827), they are not entitled to withdraw - by virtue of the Act on Consumer Rights from an accommodation service agreement, if in such an agreement a day or a period of such services rendering was declared. 5.Notwithstanding the provisions of paragraph 4 above, the Consumer shall not be also entitled, as stated in the Act on Consumer Rights, to withdraw from any service agreements, if a service was fully provided upon an explicit consent of the Consumer, who

5 was notified, prior to providing of such a service, that upon completion of that service, it shall no longer be entitled to withdraw from the agreement (Art. 38 paragraph 1 of the Act on Consumer Rights). 5.Liability 1.The Operator shall be liable towards the Customer for non-performance or undue performance of liabilities arising out of agreements concluded between the Operator and the Customer. The principles of liability of the Operator are regulated and arising out of the provisions of the Civil Code. 2.If provision of the Service under the mediation related to the Reservation shall be totally impossible due to any fault of the Operator or a Landlord accordingly, the Operator undertakes to make every effort to offer a service of a similar standard and on time, which is specified in the Reservation Form. 3.If the Customer does not give its consent for the service of a similar standard rendering, the Operator shall be obliged to refund the Reservation Fee paid by the Customer. 4.Responsibility of the Operator for the mediation services related to the Reservation as well as for the Service [contract] conclusion in any event shall be limited to the amount of the Reservation Fee. Any claims for non-performance or improper performance of the Service must be directed and addressed to the Operator. 5.In case of force majeure, i.e. exceptional circumstances beyond control of each Party hereof, like natural disasters, strikes, war campaigns or other exceptional situations that prevent providing of the Service according to the agreement, the Operator shall be released from its obligation. 6.The Operator shall not bear any responsibility for any problems with an access to the reservation system due to reasons beyond the control of the Operator. The Operator has the right to suspend an access to the Online Service: for the period required to remove any technical and organizational problems. 6.Rental Rules The Customer, using the Service, shall be obliged to comply with the following rules: 1.Passing of the keys shall take place at the time and location designated in the Reservation Confirmation. 2.The Customer, picking up the keys to the Apartment (the Premise), shall be required to present its ID card/passport.

6 3.Check-in starts at 3:00 P.M. and check-out time ends at 11:00 A.M. on the following day. If the Guest (the Customer) intends to extend its stay for a longer period than that indicated on the day of arrival, it should submit such a request to the Reservation Office until 9:00 P.M. on the closing date of renting of the Apartment, but submission of such an information shall not be binding upon the Landlord. The hotel accommodation may be extended upon payment of the additional fee. 4.The Customer shall give the Apartment keys back on the last day of renting of the Apartment, until 11:00 AM, in the place and time stated in the Confirmation of Reservation. 5.The Customer shall be obliged to inform the Operator without delay on any incidents which could compromise the interests of the Operator or the Premise administrator. 6.The Customer shall be obliged to pay special attention to correct operation of water and gas valves as well as electric devices. Due to the fire protection, the Customer shall not be allowed to use any electric energy supplied devices other than the Apartment s equipment, except for computers, shavers, hairdryers. 7.The Customer shall not be entitled to use the Premise other than for the residential purposes nor assign the Premise to any third party without a prior consent of the Operator. 8.Any additional services may be ordered upon the terms and conditions set out on the Online Service: or by calling directly to the Operator s phone number: ; The Customer shall be responsible for all damages caused by it in the Apartment s equipment and the Apartment itself. The Customer undertakes to notify the Operator of any damages caused by the Customer in the Apartment s equipment and the Apartment itself. The Customer undertakes to pay for the damages by the last day of using of the Apartment at the latest. 10.Any order regulations related to use of the Apartment may be determined in details in the Order Rules applicable in a given Apartment. 7.Informative note in respect of the personal data 1. Personal data is information about an identified or identifiable natural person (the "data subject"). An identifiable natural person is a person who can be directly or indirectly identified, in particular, on the basis of an identifier such as name and surname, identification number, location data, internet identifier or one or more specific factors determining physical, physiological, genetic, psychological, economic, cultural or social identity of a natural person. 2. The Administrator of the Customer's personal data is GT Grupa Sp. z o.o. sp. k. with the registered office in Krakow, at the address: ul. Szlak 50/120, Krakow, VAT no.[nip]: , CRO [REGON] no.: , entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Krakow

7 - Srodmiescie in Krakow, 11th Commercial Division of the National Court Register under the number of the National Court Register: (hereinafter: the Administrator). 3. The Administrator indicates the contact address for communication related to data processing 4. The Customer's personal data provided via the Website will be processed by the Administrator for the purpose a). and in the scope necessary to perform the agreement entered into for the provision of electronic services (maintaining the Customer Account within the Website) pursuant to art. 6 para. 1 letter b) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter: GDPR); b). and in the scope necessary to execute the lease agreements between the Customer and the Administrator, and to take action at the Customer's request prior to the conclusion of these agreements (booking) pursuant to art. 6 para. 1 letter b) of GDPR; c). and in order to fulfil the legal obligation of the Administrator (fiscal obligations) pursuant to art. 6 para. 1 letter c) of GDPR; d). indicated in the content of the Customer's voluntary consent to the processing of personal data for the purpose of marketing of the Administrator's products or services after the expiration of the agreement - pursuant to Art. 6 para. 1 letter a) of GDPR; e). and in order to pursue marketing of services by the Administrator, to investigate or defend claims or rights of the Administrator - pursuant to art. 6 para. 1 letter f) of GDPR. 5. The Administrator may transfer the Customer's personal data to other entities (data recipients) who are providers of servicesrelated to the processing of personal data, e.g. IT service providers, marketing and entities providing accounting services to the Administrator. Such entities process data on the basis of an agreement concluded with the Administrator and only in compliance with the Administrator's instructions. These entities can operate in Poland, in the countries of the European Economic Area or elsewhere. Whenever the data is transferred outside the European Economic Area, the Administrator applies appropriate safeguards in the form of standard data protection clauses adopted by the European Commission. 6. The Customer's personal data will be maintained for the term of the concluded agreement and after its termination, in order to implement by the Administrator the rights and obligations resulting from the applicable provisions of law, including in particular, fiscal regulations and provisions regarding the limitation of claims. In the case of processing the Customer's personal data on the basis of the Customer's consent to the processing of data for marketing purposes after the termination of the agreement, the Customer's personal data will be processed until the Customer's consent is revoked, and in the case of personal data processing under Article 6 para. 1 letter f) of GDPR - until the submission of the Customer's objection. 7. The Customer has the right to access the Customer's personal data, the right to rectify, remove, limit the processing, the right to withdraw the consent at any time without affecting the legality of the processing, which was made on the basis of consent before its

8 withdrawal, the right to object to further processing of personal data pursuant to art. 6 para. 1 letter f) the GDPR and the right to data transfer, including the right to receive data and send it to another administrator, or to request, if technically possible, to forward the data directly to another administrator. The Customer also has the right to file a complaint with the supervisory body, i.e. the President of the Office for Personal Data Protection. 8. In order to implement the above-mentioned rights at any time, the Customer can contact the Administrator at the address indicated in para. 3 of this article. 9. Providing the Customer's personal data is voluntary, however, it is indispensable to register, run a Customer Account on the Website and conclude the agreement. 8.Electronic Services 1.In relation to any services provided via electronic systems these Rules and Regulations constitute the Regulations referred to in Article 8 of the Act of 18 July 2002 on electronic services (The Official Journal of Laws of 2013, item 1422, as amended). 2.The Operator via the Online Service enables the Customer to familiarize with a content of the Online Service, make the Reservation and use other functions of the Online Service, as well as to provide, to the benefit of the Customers, the service related to management of the Customer s Account on the Website. 3.The contract for management of the Customer s Account on the Website is free of charge and is concluded for an indefinite time at the moment of first Reservation. The Customer via its Account on the Website is able to, inter alia, track and follow a status of any current Reservation, obtain any information and notifications from the Operator as well as make other Reservation. 4.The Customer has the right to terminate the contract for management of the Customer s Account on the Website, subject to the observance of a termination notice period of two weeks. Furthermore, the Customer who is the Consumer shall be entitled to terminate the contract for management of the Customer s Account on the Website within 14 days since such a contract is concluded, without providing reasons. Termination of the contract may be completed by submitting a declaration (notification) to the Operator in any manner that enables the Operator to familiarize with such a declaration. For the purposes of compliance with the time limits it is enough to send such a declaration (notification) prior to such a due date. In particular declaration concerning the contract termination can be submitted in a form of information sent to the Operator s address. The Customer may use a declaration form that constitutes Appendix hereto, however usage of such a form is not mandatory. 5.The Customer has the right to make complaints in any matters relating to the Services rendered by the Operator via Online Service (electronic services).the complains may be submitted in any matter enabling the Operator to familiarize with such complaints. In particular the complaints can be submitted by or by phone. The Customer needs to give its name and surname, address and, whenever possible, additional contact data ( address, phone number), as well as inform on circumstances of such a claim (explanation/justification). The Operator shall consider the claim without delay, however

9 no later than within 30 days of submitting it. 9.Information for the Customers The Operator hereby notify the Customers that the Customers are exposed to any particular risks related to the use of services provided by electronic means via the Internet network. The main threat to any Internet user, including users of electronic services, is the possibility of "infection" of their system by various types of data communications software developed primarily to inflict damage, such as viruses, "worms", "Trojan horses as well as spyware and malware. The Operator would state that the specific risks related with use of electronic services, also included and described in the Rules in Regulations, are associated with the activities of so-called hackers aiming to compromise both the Operator s system (e.g. attacks on its websites), and the Customer s (so-called cracking, phishing ). To avoid the risks involved therein, it is important that the Customer has provided its computer, which uses an Internet connection, with antivirus software, anti-spyware, anti-malware, firewall protection or/and other programs protecting the Customer s computer and that has constantly updated its computer by installing the latest versions of such programs. The above information should not be treated as a professional advise related to IT safety. In case of any doubts as to effectiveness of the used security measures, the Operator suggests a contact with an IT and electronic safety specialist. 10.Information for the Customer who is the Consumer 1.In case of or improper provision of the service by the Operator, the Customer shall be entitled to make a complaint. 2.The Operator, within 30 days since such a complaint is made, shall be obliged to response for this complaint. In the case of absence of a response for the admitted claim within the abovementioned time limit, such a claim shall be deemed to be accepted by the Operator. The response for the claim shall be submitted to the Customer on paper or on another durable medium (e.g. by sending to the Customer s address indicated to the Operator by the Customer). 3.In the event that request determined in the claim submitted by the Customer is not accepted, the Customer shall be entitled to use out-of-court procedures available for dealing with unresolved disputes and claiming damages. 4.The Customer may refer the matter to the competent Permanent Arbitration Court at the Regional Inspectorate of Trade Inspection in order to resolve any disputes with the Operator according to Art. 37 of the Act on Trade Inspection. Requests to initiate proceedings are available on the websites of the Regional Inspectorate of Trade Inspection. The proceedings shall be conducted based on the rules laid down in the Ordinance of Minister of Justice of on establishing rules of organization and

10 operation of the Permanent Arbitration Courts. A list of Permanent Arbitration Court at the Regional Inspectorate of Trade Inspection is available on the website of the Office of Competition and Consumer Protection. The Consumer may refer the matter to the competent Regional Trade Inspection Supervision Inspector in order to conduct mediations aimed at an amicable settlement of the dispute between the Consumer and the Operator, pursuant to Art. 36 paragraph 1 of the Trade Inspection Act. 5.On the websites of individual Inspectorates as well as in their registered offices the Customer may find a detailed information on the abovementioned forms of a dispute resolution. Resolution of the dispute in the abovementioned forms depend on a consent of both Parties for such a form of the dispute resolution. The above provisions of the Rules and Regulations are purely indicative, and do not mean that the Operator gives its consent for future resolution of any disputes in such forms. 6.Moreover, the Customer shall be entitled to use assistance of a social organization whose statutory areas of responsibilities include consumer protection or to seek assistance from a local or district Consumer Ombudsman. 11.Final Provisions 1.Any disputes arising between the Operator and the Customer, who is the Consumer, shall be referred for determination to the competent courts in accordance with the appropriate provisions [of the Code of Civil Procedure]. Any disputes arising between the Operator and the Customer, who is not the Consumer, shall be referred for determination to the competent court having jurisdiction over the Operator s seat. 2.In all cases not regulated by these Rules and Regulations, the relevant provisions of Polish law shall apply.